Commercial Speech is Not Freedom of Expression: Supreme Court
The Supreme Court reprimanded social media influencers for mocking disabled persons and said commercial speech is not protected under freedom of expression. The Court directed five internet media influencers, including Raina from India’s Got Talent, to apologize for mocking differently-abled persons during their shows. The Court emphasized that the amount of remorse must exceed the insult caused.
SC reprimands social media influencers
On August 25, the Supreme Court stated that commercial speech is not a fundamental right under freedom of expression. It ordered five internet media influencers, including Raina, Vipul Goyal, Balraj Parmjeet Sah, Sonali Thakkar, and Nishant Jagdish Tanwar, to unconditionally apologize for mocking disabled and genetically disordered people during their shows. The Court said the remorse must outweigh the insult.
Except Sonali Thakkar (also known as Sonali Aditya Desai), the other four influencers appeared before the Court on August 25. They were accused of mocking disabled, genetically disordered, and visually impaired people.
Instructions to the five influencers
The bench of Justices Suryakant and Joymalya Bagchi directed all five influencers to unconditionally apologize for mocking disabled and genetically disordered persons during their shows or podcasts. The Court said the amount of fine to be imposed will be decided later and asked them how much fine they are willing to pay. The fine will be used for treatment of people suffering from rare genetic disorders like Spinal Muscular Atrophy (SMA).
Comments by Justice Bagchi
During the hearing, Justice Bagchi emphasized the need for greater caution when making jokes about different communities. He said media often uses such content to feed their ego and gain followers. This is not merely freedom of expression but purely commercial activity. The Court referred to the Amish Devgan case, which classified speech into commercial and prohibited categories. No fundamental rights apply to commercial or prohibited speech.
Ministry of Information and Broadcasting to be a party
The Court allowed the Ministry of Information and Broadcasting to become a party and asked Attorney General R. Venkataramani to prepare guidelines for regulating internet media content considering all stakeholders’ views. Venkataramani said the government is in the process of preparing guidelines but denied any possibility of a gag order.
Justice Suryakant agreed, stating that draft guidelines would be publicly shared for feedback. Accountability is necessary. Today it is for disabled people, tomorrow it could be for women, children, or senior citizens. Justice Bagchi told the Attorney General that proposed guidelines should sensitize people and hold them accountable for mistakes.
Lawyer of NGO Cure SMA Foundation, which demanded action against influencers mocking disabled persons, said there is better understanding now and the influencers have apologized unconditionally.